TOXIC TORT

Toxic Tort Litigation Lawyer Serving the Bronx, NY

A toxic tort is a personal injury lawsuit from the exposure to harmful substances such as mold. Individuals come into contact with toxins in a number of ways. The air we breathe, the water we drink, and the ground we walk on can be tainted by hazardous substances. While most chemicals and substances cause no harm, adverse effects can result from exposure to a harmful substance.

In that instance, a toxic tort lawsuit can compensate someone for related injuries.

In a toxic tort claim, a person brings a lawsuit claiming that exposure to a hazardous substance caused an injury or illness. Toxic tort claims usually arise in cases of occupational exposure, exposure from pharmaceutical drugs, consumer products and exposure in a residence.

Cases of occupational exposure usually occur when industrial workers are exposed to toxins like asbestos and benzene. Use of prescription medicines can cause unintended side effects. The use of certain consumer products, like paint or pesticides, can cause unintended illness. Exposure to harmful substances can also occur in the home, particularly toxic mold.

The Dangers of Toxic Mold

Currently, exposure to toxic mold is a problem facing many New York City residents. There is a lot of scientific literature regarding the association between damp indoor and moldy environments with a variety of symptoms, including headaches, shortness of breath, eye irritation, skin rashes, sinus congestion and a variety of respiratory ailments. Unfortunately, toxic mold injuries are difficult to prove, and the legal and medical communities have both been slow to embrace the increasingly common problem of mold injuries.

Moreover, in a case in 2014, the Court of Appeals in New York significantly curtailed the ability of a tenant to sue a landlord for personal injuries from exposure to mold. The court’s ruling could also place additional hurdles on other plaintiffs in toxic exposure personal injury cases. While the court acknowledged there may be an association between mold exposure and certain symptoms, association does not mean “causation.” As in all toxic tort cases, a plaintiff must ultimately show a direct causal relationship between exposure to a toxin and the alleged injury or illness.

All toxic tort cases are complicated due to their scientific nature. Scientific and medical experts are often called on to present evidence. And many of the ill effects caused by such exposure can take time to show symptoms. While toxic tort cases can involve one plaintiff and one defendant, it is more common for a case to be brought as “mass tort” or class action lawsuit.

Bronx Toxic Tort Law Firm

If you believe you have suffered as the result of exposure to a toxic substance, the promptly contact a lawyer to protect your legal rights.